As has been highlighted recently, the 1990s were a bad time in history for the Second Amendment. The right to keep and bear arms was on the skids. The federal Assault Weapons Ban had passed in 1994 as part of an overall "crime control" package, and of course, the crowning achievement of the modern gun-grabbing clique, the Brady Bill, which led to the implementation of the federal National Instant Criminal Background Check System aka the NICS federated firearms registry. Couched as a "modest burden", the Brady Bill required, among other things, that every prospective buyer of a firearm at a retail location prove their innocence before a firearm could be transferred to them. While in most circumstances, NICS was practically instant, the "modest burden" was the up-ending of centuries of Constitutional and legal tradition, wherein a citizen had to prove their innocence (in the form of a 'clean' background check), to exercise an enumerated right. While smaller-scale NICS-style checks existed in states like Florida prior (and those were no less unconstitutional!), the federal NICS was massive in it's scope of infringement. Of course, since the Joe Sixpacks of the day had scant understanding of the reality of the Constitution, or if they did have understanding, it was secondary to football and beer.
While most of the retail purchases via NICS (worth noting was the compromise to get it through Congress was to exempt private sales) were processed with little fanfare, it was the denials that captured the awe of the media. Now such scofflaws as some random guy who got roped up in a bar fight 10 years ago were being denied their right to keep and bear arms. Or some guy named Richie Ramirez got bounced for sharing a similar name to a long-incarcerated serial killer was told he couldn't take the revolver he just purchased home with him. Or some poor sap who peed in an alley and got adjudicated as a sex pest since there was a school 900 feet away couldn't buy a used shotgun. Sure, some real criminals got dinged, but they went off and got a gun from their friend or something, which they would do anyways even if NICS covered all firearms transfers.
Regardless of the validity of the denials, the worst that would happen to someone who got bounced is they would get their money back and go home. Sure, a NICS ruling could be appealed, but the process was vague and there was no guarantee of a concrete answer either way.
Denials were bad enough, but things got worse in 2022 with the passage of John Cornyn's Bipartisan Safer Communities Act, and it's more nefarious component, the NICS Denial Notification Act.
Passed in the wake of the 2022 Uvalde notorious shooting incident, the BSCA took advantage of a perfect storm. Victims that Joe & Mary Sixpack could empathize with (children), an upcoming midterm election, a Democratic President, and emotions running high. Within weeks, the bill template was dragged out of storage, updated for the current year, and rammed through a Congress more concerned with power than Constitutional concepts.
With the stroke of a pen, then-President Joseph Robinette Biden turned NICS denials from an express suppression of rights, into an actionable death warrant. Dramatic? Sure. But it's the truth.
The Bipartisan Safer Communities Act Turns NICS Denials Into Danger
It's no secret. NICS was developed as a weaponized platform to begin with. The 1968 Gun Control Act created the class of "prohibited persons", establishing conditions in law which could be used to deny someone their Second Amendment rights. With the exception of states that had laid in manual checks, the overall process at retail was for a prospective gun purchaser to fill out the 4473 form, contributing their name to the federated FFL-maintained firearms registry, and swear on a federal form they were not a prohibited person. FFLs retained, and still do retain, the power to reject a purchase regardless of what the data or person says, but in general it was the honor system. Somehow the Republic survived.
With NICS though, the "hard bounce" was implemented. If the system said "DENIED", the transfer could not lawfully proceed. And that was that, until 2022 when the BSCA/NICS Denial Notification Act gave denials the power of life and death over a person.
The NICS Denial Notification Act mandated that the FBI's NICS Section, or the state point-of-contact center (some states run their own variant of NICS and programmatically connect to the same federal databases, lightening the federal workload) notify the law enforcement agency closest to the residence of the person who was subject to a NICS denial. On paper, it was just a notification. There's no mandate for the police to actually do something with the information. But of course, what the local LE sees in a knee-jerk fashion is "Bad guy tried to get a gun! Danger Will Robinson, roll the MRAP!"
Dramatics aside, it's a known fact that any interactions with law enforcement, no matter how mundane, escalate the chances of a negative and potentially life-threatening outcome. Armed agents of the State with qualified immunity, taking someone by surprise over what is likely to be a bookkeeping error? Yes, that definitely has the potential to go south in a hurry. Protest too hard, and the hapless denied person could end up incarcerated, or worse...
As William Michael Brewer found out a little over a year ago.
The Case Of William Michael Brewer In Florida
The danger of the NICS Denial Notification Act became very evident in March 2025 in Jensen Beach, Florida. William Michael Brewer, already a gun owner, tried to buy a GLOCK 26 subcompact pistol from Lotus Gunworks, a noted FFL in Jensen Beach. He filled out his 4473, paid for the pistol, and waited for the store clerk to notify him that his Florida (Florida runs it's own background check portal which connects to the same systems NICS does) background check had come back as "OK", and he could take the firearm home.
Unfortunately, he was denied. Now, whether it's a Florida POC denial, or a NICS denial, the purchaser is not provided information as to why they were denied. That information isn't conveyed to the FFL. The most they can do is direct you to the website or call center where you can file your appeal. Few actually do, and most people that get a denial actually don't contest it - plus NICS has been known to pass someone one day, and then deny them a week later. Brewer, not knowing his options, merely shrugged it off and went home.
The trouble began the same day when the Florida Department of Law Enforcement (the agency which oversees all state law enforcement efforts in Florida), notified the Martin County Sheriffs Office (MCSO, the LE agency for Jensen Beach) that Brewer was a convicted felon trying to buy a gun in the State of Florida, a violation of the law.
Problem is, Brewer wasn't a convicted felon. About a decade prior, Brewer had been arrested in Kentucky and charged with a felony, but the ultimate judgement rendered it down to a misdemeanor. Misdemeanors aren't a disqualifying factor for a firearms purchase by the way. However, it seems Kentucky hadn't done it's due diligence and notified the NICS Division of the change of Brewer's status. What's even stranger is that Brewer had not only purchased a firearm at retail prior to this, he also held a Kentucky concealed weapons permit. Both actions which do trigger a NICS or state-level background inquiry.
Anyways, the FDLE did it's part and notified the MCSO who then proceeded to go on the hunt for Brewer, as if he were an illegal immigrant on the lam, and not just a hapless citizen victimized by a clerical error and an unjust law.
As you can see from the video, Brewer did not resist arrest, even pointing out that he had a legally-purchased firearm in his work bag, and also that he had a Kentucky concealed weapons permit. It didn't matter much to MCSO, who instead arrested him as if he were a real criminal. Not only was he subject to unjust treatment from the arresting officers, he was also imprisoned for 14 days, where he was in very real danger, not only from MCSO, but other inmates as well. Jail is no joke, and Brewer, as a clean-cut citizen, was definitely a target while incarcerated.
Furthermore, after he posted bond, he was subject to continuous surveillance by means of an ankle monitor. Brewer, who is a realtor, found that the monitor burdened him with difficulties in doing showings for clients, as it would go off at random, disrupting his workflow. People being what they are, often chose to take their business elsewhere, rather than with a supposed "felon". So not only was he forcibly disarmed by the State, he was also limited, by the State, in his ability to make money.
Eventually, the prosecution relented, after Kentucky provided certified evidence that Brewer was not a felon.
The damage was done though. Brewer's life was threatened, repeatedly, by the State. Brewer's livelihood was repeatedly damaged by the State. Brewer was deprived of his rights unjustly by the State. All over what amounts to an administrative error.
NICS Denials Are Error-Prone And Off Base
To keep it simple, NICS flags people who have been determined to fall into the class of "prohibited persons", as defined in the 1968 Gun Control Act. However, the data itself is often prone to mistakes, errors, and omissions. It's been speculated that nearly 30 percent of the denials are overturned on appeal. The real number is likely much higher since people are unaware that an avenue for appeal exists, or they lack the funds or time to fight a denial, and just go home. The overwhelming bulk of the denials that may flag "correctly" though are for victimless crimes like drug offenses, paperwork problems, and the like. As they say, an American likely commits three felonies a day. Our own President Donald Trump has been convicted of paperwork felonies, and was actually disarmed as a matter of process in New York State. There were no real victims in his case, either. Ironically he's trusted with the power of Armageddon, but for some reason a judge felt he couldn't be trusted with a handgun.
The small number of NICS denials for real crimes certainly don't warrant NICS. Those real criminals will arm themselves anyway if they see fit. All NICS does is get in the way of peaceable people arming themselves expeditiously.
NICS Has To Go
Background checks on an enumerated and natural right are a complete upending of centuries of legal tradition in this nation, and even more if you consider the roots of the concept of "innocent until proven guilty". In order to suppress someone's rights, the State must prove beyond a reasonable doubt that the person committed a real crime.
A NICS background check basically says "We think you are guilty of something, but if you can prove your innocence to us, you can possess this weapon you just paid money for..."
Imagine being told you couldn't vote unless the government signed off on it? Imagine being told you couldn't speak in the town square openly without the government saying it's OK? Especially on the former, there'd be mass chaos if this were the case with other existing rights. But for some reason, the right to keep and bear arms, and by extension, the right to defend one's life, is somehow exempt, and "second class".
NICS doesn't stop any violent acts in a noticeable fashion. Even if it did, it's incompatible with human dignity and civil rights. Freedom means risk, deal with it.
Get Yourself A Gun And Learn It
This is a firearms blog, so we're going to recommend guns. Of course don't forget other things like medical, comms, doing your Area Study, and so on. There's better sources than RGG on those topics, but for firepower, we have you covered.
Ideally you'll at least want either a basic rifle, i.e. an AR-15, or a pistol, i.e. a GLOCK 19, to start. Both are exceedingly common firearms with plenty of accessories, spare parts, training, and support. However, in some restricted areas, both an AR and a GLOCK are hard to get easily, and you may have to settle for a shotgun for quickly arming yourself. It beats a sharp stick. Note, the in-house counsel wants to remind you that we're talking the legal acquisition of guns here. We're still working on abolishing gun control, and we don't want you in jail. Unfortunately you'll have to play ball in this regard. But anyways, here are some basic suggestions for getting armed.
| Firearm | Cost | Buy Now |
|---|---|---|
| Radical Firearms RF00028 AR-15 | $469 | Buy Now! |
| GLOCK 19 Gen6 9mm Pistol | $620 | Buy Now! |
| Mossberg 590 Shotgun | $621 | Buy Now! |
Learn how to make guns, as well.
| 3D Printer | Cost | Buy Now |
|---|---|---|
| Ender Creality 3 V3 SE | $186 | Buy Now! |
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